Penny Berk case might be on again

By JEFF MORRIS

Another longstanding animal cruelty case is possibly again moving forward.

Penelope “Penny” Berk, owner of Rescue Right and Northwind Kennels in Bedford, had been charged in 2024 with seven counts of animal cruelty — a case that was moved to Mount Kisco court after both Bedford justices recused themselves.

Earlier this year, the Westchester County District Attorney’s office established a series of conditions that the defendant would have to satisfy as a candidate for an adjournment in contemplation of dismissal. Those conditions, approved by the court in a Jan. 22 session presided over by Judge Mark Farrell, required Berk to completely end all animal rescue operations through any of her businesses.

Berk agreed to the requirements in writing, and compliance was to be evaluated based on inspections conducted by New York State’s Department of Agriculture and Markets over a six-month period.

According to the D.A.’s office, “the Agriculture & Markets Agency conducted a scheduled inspection in June and found she allegedly violated the agreement, which was brought to the court’s attention.”

Five failures

A copy of the report obtained by The Recorder shows failure to comply with five of 19 criteria. The report narrative states it was initiated in response to a complaint received from the Westchester County Health Department.

“At the time of the inspection, the septic system was not functioning properly,” it says. “As a result, many of the indoor and exterior runs were flooded with standing water, and waste material was pooling in multiple areas. The conditions prevented the dogs from lying down on a clean, dry surface.” 

Matted coats

The report goes on to say several dogs exhibited matted coats that were wet on the underside, consistent with prolonged exposure to the saturated conditions, and multiple dogs were observed with wet, reddened, and irritated feet. It continues, “Several kennel doors were secured using leashes that were observed to be broken or damaged. 

A strong foul odor was detected on the outside of the building. There was one aggressive dog left unattended in the area that contained the exposed septic tank.”

The D.A.’s office said it is “no longer considering an ACD or any plea agreement and instead wants the case to proceed to trial” — but ultimately, how the case moves forward is up to the judge.